When there is evidence that you had the intent to harm the other person, you may face other criminal charges as well. You need to know the laws in your state If you have been accused of aggravated discharge of firearms. Under a necessity defense, a defendant tries to avoid guilt by showing that he/she had a sufficiently good reason to commit a crime. The statute also creates either a second or third-degree felony if a firearm is discharged from a vehicle depending on the circumstances. Penalties for PC 246. If the negligent discharge of a firearm was committed in connection to a street gang, you could face sentencing enhancements. We've previously discussed the fact that merely having a firearm in your possession without the proper authorization can lead to criminal charges, so it's probably no surprise that the unlawful discharge of a firearm can also be a serious offense. I am so lucky to have stumbled upon this great attorney.
Contact an experienced firearm defense attorney, to protect your rights after being accused of an illegal discharge of a firearm in Harris County or Montgomery County, TX. What Is the Extended Sentencing Range for an Aggravated Discharge of a Firearm 730 ILCS 5/5-4. Rape/Sexual Assault Cases. However, if you use it in certain places and without regard for the safety of others, you could be charged with reckless discharge of a firearm or aggravated reckless discharge of a firearm charges. Lets have a long discussion here. Written by Matt Robinson.
The maximum fine for an Aggravated Discharge of a Firearm criminal charge is $25, 000. When Is Aggravated Discharge of a Firearm Non-probationable? Does so with the intent to disturb the peace or the quiet of a neighborhood, family, or a person. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search.
The United States government is one of the most powerful governments in the world. By calling 847-807-7405. This law is sometimes referred to as "Shannon's law, " after 14-year-old Shannon Smith was fatally struck with a stray bullet while in the backyard of her Phoenix home. It was not loaded, but they knew where the bullets were and loaded it. The defendant willfully and intentionally shot a BB gun or a firearm, - They purposely discharged a loaded weapon. It is common to see a spike in the number of arrests and charges for Aggravated Discharge of a Firearm on New Year's Eve or after a sports team wins a championship. Knowing this, it's important to mention, in negligent discharge cases where the weapon used was a BB device, it will most often end in a misdemeanor charge. 730 ILCS 5/5-6-1(c). But other times, they are angry with someone for a legitimate reason. A felony is a crime that is punishable by more than 1 year of imprisonment. The determining factors would be based on the details of the case and the defendant's criminal background history. You may find out that this kind of a charge has been filed against you. California Penal Code 273(a), child endangerment; This crime is committed when you intentionally and willfully expose a child to danger, or possible pain and/or suffering. Under Illinois law, when you recklessly use your gun, you could be accused of violating statute 720 ILCS 5/24-1.
The crime of aggravated discharge of a firearm is one of the most serious crimes that can be committed. In order to be guilty of aggravated discharge of a firearm, you must have committed the crime of discharging a firearm. If prosecutors can prove that you intended to harm the other person, you may face other criminal charges such as Attempted Murder, or Aggravated Battery with a firearm. It could only be a single bullet. In the direction of a vehicle – Again, the prosecutor will need to demonstrate beyond any reasonable doubt that you knew, or should have known, that the vehicle was occupied.
People who do something like this will end up facing penalties. While even possession of a firearm without proper licensing and registration can result in harsh consequences, unlawful discharge of a firearm is an extremely serious criminal offense because of the risk of potential injury or death to others. The statute is extremely broad, and by its terms seeks to encompass even reckless or negligent behavior. "Under the doctrine of transferred intent, one who does an unlawful act is liable for the natural and probable consequences of such act. " 15 prohibits discharging a firearm in public or on residential property under certain circumstances. If the victim is a Paramedic or EMT. The statute only requires that a person act with criminal negligence. The law in Arizona considers this type of reckless discharge of a firearm as being of a "criminal negligence" nature and can result in a felony charge with up to three years in prison.
They acted with a total disregard of other people's lives, and. In the context of discharging a firearm, an accused could attempt to show that he committed the crime since he had no other choice (for example, because of an emergency). Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois". 3, negligent discharge of a firearm because there was no potential for injury and/or death of any other person.
3 months, 6 months, or. They had received BB guns for Christmas and were warned not to use them dangerously. A violation of these laws is a Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years. How Does Illinois Law Define Reckless Discharge of a Firearm? The sentencing would be in addition to the original crime committed and would be served consecutively. The federal laws are very strict. In this scenario, you as the driver could be held legally responsible for my shooting from your passenger seat. Specifically, your actions are considered unlawful if you put the safety of others at risk.
What Must The Prosecution Do. Here are the elements to a proper self-defense claim: (1) unlawful force threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of the force applied, and (6) the beliefs of the person threatened were objectively reasonable.